Purpose
The primary purpose
of the procedure is to secure prompt and equitable resolution
of student complaints and grievances.
Grievances, properly filed in this forum include, but are
not limited to, matters arising under federal and state
laws prohibiting discriminatory educational practices,
i.e., Title IX of the Educational Amendment of 1972, Section
504 of the 1973 Rehabilitation Act, Title IV of the 1964
Civil Rights Act, and Massachusetts General Laws, Chapter
151C, Section 1. Customary channels of communication shall
be used whenever feasible in seeking clarification of questions
of concern before the grievance procedure is utilized.
Every effort shall be made to maintain confidentiality
at each level of this procedure in accordance with applicable
law.
Definitions
Complaint: The informal, often unwritten stage of an
allegation of mistreatment.
Grievance: A written complaint filed by a student with
the Enrollment Management Office. or his/her designee
who is the Student Grievance Officer, specifically
alleging discrimination or an abridgement of his/her
rights as a student.
Grievant: The student(s) filing the grievance. The grievant
must have been a registered student of the college
at the time of the alleged mistreatment.
Student Grievance Officer: A college employee assigned
responsibility for administering the student grievance
procedure, including the maintenance of specified records.
The Student Grievance Officer for Roxbury Community College
is the Enrollment Management Office.. If a grievance
is filed against the person acting as the Student Grievance
Officer, the President shall designate another college
official to act as the Student Grievance Officer.
Time: The number of days indicated at each level shall
be considered a maximum. Every effort should be made
to expedite the process. Nevertheless, the specified
time limits may be extended in extenuating circumstances
by the immediate supervisor of the person against whom
the grievance is directed, the President or his/her
designee or by mutual agreement of the grievance and
the person against whom the grievance is directed,
provided that such extensions shall be confirmed in
writing.
Procedures
Level I
Informal procedure customary channels of communication
should be used in seeking clarification of questions
of concern and in resolving complaints before the formal
procedure is used. This is the informal stage where
most complaints are resolved. For example, a student
who has
a complaint regarding a classroom incident customarily
talks to or notifies the faculty member, the Department
Chair, the Division Chairperson, then the Enrollment
Management Office. if the complaint is not resolved.
The student may consult with the Student Grievance
Officer prior to filing any written complaint. The
current Student
Grievance Officer for Roxbury Community College is
the Enrollment Management Office.. Step
One: Except in cases of alleged physical assault
or sexual harassment, the grievant shall first present
his/her complaint orally and informally to the person
against whom the complaint exists. This should be done
in a reasonable period of time, not exceeding thirty
(30) calendar days from the date that the grievant knew
or should have known of the grievable action or inaction.
An individual who believes that he/she is the victim
of sexual harassment or physical assault may initiate
his/her complaint at Level One, Step Three (i.e., with
the immediate supervisor of the person against whom the
complaint exists) not later than thirty (30) calendar
days following the instructional period when the alleged
incident occurred. In all other cases, the grievant shall
first present his/her complaint at Level One, Steps One
and Two.
Step Two: If the complaint is not resolved
within ten (10) calendar days after notice of the Step
One complaint,
the grievant may within ten (10) calendar days thereafter
present in writing the allegations supporting the complaint
including all of the known facts to the person against
whom the complaint is directed.
A complaint filed at this level shall specifically state
that it is filed at Level One, Step Two. The grievant
shall also date the document, retain a copy, and hand-deliver
or send it by certified mail. The person against whom
the complaint is directed shall forward a written Step
Two response, if any, to the student within seven (7)
calendar days from receipt.
Step Three: If the complaint is not resolved
within seven (7) calendar days after receipt of the Step
Two response
or if no written response is issued within seven (7)
calendar days after it was due, then the student may
progress to stop there. The grievant may present it
in writing to the supervisor of the person against
whom the grievance is directed, with a copy to the
Dean of the area of the person against whom the grievance
is directed and the Enrollment Management Office..
The supervisor shall investigate the complaint and
after conferring with the appropriate Dean shall forward
his/her written decision to the grievant, the person
against whom the grievant is directed and the Enrollment
Management Office. within seven (7) calendar days after
receipt of the Step Three complaint.
Level II
Step One: Student Grievance Committee if the complaint
is not resolved within the period allowed at Level
One, Step Three, the grievant may present a formal
grievance in writing, including a statement of the
charges and all supporting statement and evidence,
to the Student Grievance Officer (Enrollment Management
Office. or his/her designee) within ten (10) calendar
days after the receipt of the supervisor's decision.
The Student Grievance Officer shall arrange a meeting
of the Student Grievance Committee within fourteen
(14) calendar days following receipt of the grievance
and shall provide a copy of all written supporting
statements and evidence presented at the lower steps
to each member of the Committee at least twenty-four
(24) hours prior to the hearing. The Committee shall
render its findings and any recommendations within
seven (7) calendar days following said hearing.
Membership of the College Student Grievance Committee:
The composition of the College Student Grievance Committee
shall consist of five members - one (1) classified employee,
one (1) administrator, one (1) faculty or professional
staff unit member, one (1) student and a fifth member
from the same identifiable group as the person against
whom the grievance has been filed. Each member shall
be appointed by the President from among the recommendations
submitted by the Enrollment Management Office. in consultation
with the Dean Team. In cases of discrimination as they
apply to Title IX of the 1972 Educational Amendments,
Title VI of the Civil Rights Amendment, Section 504 of
the 1973 Rehabilitation Act, or other applicable federal
or state anti-discrimination law, the Affirmative Action
Officer shall be a non-voting sixth member of the committee.
The Enrollment Management Office. shall also attend all
committee meetings but shall not vote and shall maintain
the confidentiality of those meetings. Service on the
committee shall be voluntary, provided that a member
who has a personal interest in the particular grievance
shall be ineligible to serve on the Grievance Committee.
Rules for Committee Meetings:
The following rules shall govern all hearings before
the College Student Grievance Committee:
Each newly impaneled committee shall meet prior to conducting
a hearing to select a committee chairperson from among
its members. Selection shall be made by a simple majority
vote.
The Chairperson of the committee shall be responsible
for conducting the hearing and drafting the decision
of the committee, but shall vote only in the event of
a tie.
Deliberations of the committee shall be confidential
and held in closed session. All hearing shall be closed,
provided however, that the grievant and the person against
whom the grievance is directed shall be invited to be
present. The grievant and the person grieved shall have
the right to bring a representative and any necessary
witnesses to the hearing, provided that the committee
may invite additional witnesses to the hearing. Any witness
may be isolated from the testimony of other witnesses
at the sole discretion of the Committee.
Hearings before the committee shall not be subject to
the formal rules of evidence. In all cases, however,
the hearing shall be conducted in a fair and impartial
manner.
Copies of the findings and recommendations
of the Grievance Committee shall be forwarded by the
Student Grievance
Officer to the grievant, the person against whom the
grievance is directed and the President and his/her designee.
A copy shall be maintained by the College for not more
than seven (7) years.
No further issues may be added by either the grievant
or the individual against whom the grievance has been
filed subsequent to Level One, Step Three. Either party
may, however, provide additional written evidence for
consideration by the President within seven (7) calendar
days following receipt of the committee's findings, provided
that he/she shall also provide a copy of any additional
written evidence to the other party.
Step Two: The President or designee - within thirty (30)
calendar days after the grievance committee issues
its findings and recommendations, the President or
designee shall evaluate all the evidence and make his/her
decision in writing, to all concerned parties. The
President or designee may in his/her sole discretion
conduct a hearing prior to rendering a decision. If
a hearing is held, it shall be closed, but the grievant
and the person(s) grieved shall be invited and each
may bring a representative. The decision of the President
or designee shall be final and binding on all parties.
Grade Appeals
Complaints or grievances filed in connection with assigned
grades represent a special case within the grievance
procedure. Grading reflects careful and deliberate assessment
of a student's performance by the by the instructing
professional(s). As such decisions are necessarily judgmental,
the substance of those decisions may not be delegated
to the grievance process. Nevertheless, the College recognizes
that in rare cases, the process of grading may be subject
to error or injustice, except as otherwise provided by
a separate grade appeals procedure for clinical programs
as approved by the President of the College . A student
who alleges an error or injustice in grading process
may employ the grievance procedures described in Level
One, Step One through Three above; provided that the
appropriate Dean for these purposes shall be the Academic
Dean. No complaint challenging a grade may be initiated
later than thirty (30) calendar days following the last
day of the instructional period for which the grade was
granted. If the faculty member who assigned the challenged
grade is no longer employed by the College or is not
available within the timelines specified, the student
may initiate his/her complaint with the appropriate Division
Chairperson. If at any level substantial evidence of
error is produced, the grading process may be remanded
to the instructor of record for reassessment. If the
instructor of record is no longer available, the appropriate
Division Chairperson or his/her designee shall instead
reassess the grading process.
Hearings and Decisions
At each of the above levels, the grievant and the person
against whom the grievance is directed shall be afforded
the opportunity to be present and to be heard. In addition,
each party may present, examine and cross-examine witnesses.
All decisions and/or recommendations at each level must
be in writing, with the exceptions of Level One, Steps
One and Two, and shall include supporting reasons. Copies
of all decisions and/or recommendations shall be given
to both parties.
Collateral Rights of Person(s) Grieved by Students
If the recommendations made at any level of the grievance
procedure result in sanctions against college employees,
these measures shall be regarded as administrative action
subject to all conditions of applicable collective bargaining
agreements and College and/or Higher Education Coordinating
Council Personnel Policies.
Alternative Forums
Filing a grievance in accordance with the procedures
herein detailed in no way abrogates the student's right
to file complaints with the appropriate state and federal
agencies or with the court. However, once the grievant
initiates proceedings in any other forum, his/her rights
to proceed under the student grievance procedure are
waived.
For purposes of filing federal level charges of discrimination
under Title IX of the 1972 Education Amendments, Section
504 of the 1973 Rehabilitation Act or Title VI of the
1964 Civil Rights Act, students may contact the US Department
of Education Office for Civil Rights, Post Office Square,
Boston, MA 02109.
Withdrawal of Complaints
Students may withdraw their formal or informal complaints
at any time. Withdrawal may be accomplished in writing
or by oral agreement confirmed in writing.
Reprisals
The College shall not interfere, restrain, or coerce
any student in the exercise of his/her right under
this grievance procedure and or his/her participation
in any
grievance proceedings.
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